Legal Question in Real Estate Law in California
can a property manager show up for landlord, in a California unlawful detainer case
and is any form needed like a small claims sc 109
3 Answers from Attorneys
No. The property manager cannot appear in Superior Court for the landlord unless the property manager is a licensed attorney.
The named plaintiff, or his/her/its attorney, need to appear ("show up") for trial. In addition, anyone expected to be called as a witness should be present or immediately available.
Thre is no form in a UD case that parallels the function of an SC-109 in a Small Claims case.
See Code of Civil Procedure section 1165 re necessary parties......UD law modifies the requirements re defendants somewhat, but still requires that the "real party in interest" bring the suit in his/her/its name as plaintiff. Usually this will be the landlord or lessor who signed the lease or rental agreement.
Supplementing my previous answer --
In Small Claims, a property manager is specifically authorized by statute to appear for a landlord in a case involving rental property. See Code of Civil Procedure section 116.540(h). Unlawful detainer cases are not in Small Claims and no similar authority for representation exists in the Superior Court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
